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Madras High CourtCRL OP(MD)/6565/2023dismissed

Karthik v. The Deputy Superintendent Of Police

2023-04-11Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.04.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN 1.Karthik 2.Ajithkumar 3.Praveen @ Praveenkumar ... Petitioners Vs.

1.The Deputy Superintendent of Police, Oddanchatram Sub Division, Dindigul District.

2.The State rep. by The Inspector of Police, Oddanchatram Police Station, Dindigul District.

3.Sakthivel ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the learned Special Court for Exclusive Trial of Cases under SC/ST (POA) Act, Dindigul to dispose the bail application of the petitioner on merits on the same day of their surrender before the above mentioned Court in pending investigation of Crime No.156 of 2022 on the file of the second respondent. 1/5

For Petitioners : Mr.A.Karthik For R1 & R2 : Mr.B.Nambiselvan Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking direction to the learned Special Court for Exclusive Trial of Cases under SC/ST (POA) Act, Dindigul to dispose the bail application of the petitioners on merits on the same day of their surrender before the above mentioned Court in pending investigation of Crime No. 156 of 2022 on the file of the second respondent.

2. The learned counsel for the petitioners submitted that on the earlier occassion, the petitioners along with others filed Crl.O.P(MD).No.6404 of 2022 before this Court and the same was allowed by this Court on 06.04.2022. The petitioners were released on bail in Crl.M.P.No.393 of 2022 dated 13.04.2022 by the learned Special Court for Exclusive Trial of Cases under SC/ST (POA) Act, Dindigul. Thereafter, respondent police moved cancellation of bail in Crl.M.P.No. 484 of 2022 and the same was allowed on 16.09.2022. Challenging the same, the petitioners have preferred Crl.A(MD).No.612 of 2022 before 2/5

this Court and the same was dismissed on 02.12.2022. Thereafter, the respondent police arrested the first accused and remanded to judicial custody. Again he was released on bail by this Court in Crl.A(MD).No. 161 of 2023 on 20.03.2023. He further submitted that the present compaliant has been given only with an intention to harass the petitioners.

3. Heard both sides and perused the materials avaliable on record.

4. This Court is not in a position to understand the nature of the petition, since the petitioners already granted bail and thereafter, it was cancelled. Now the present petition has been filed to direct the trial Court to consider their bail application afresh. This Court feels that it is a clear case of abuse of process of law and this Court does not find any merits in this case. Accordingly, this Criminal Original Petition is dismissed and the petitioners are directed to approach the concerned Court and seek regular bail.

11.04.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No tta 3/5

To 1.The Deputy Superintendent of Police, Oddanchatram Sub Division, Dindigul District.

2.The State rep. by The Inspector of Police, Oddanchatram Police Station, Dindigul District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN,J tta Order made in Dated: 11.04.2023 5/5